ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: GOV DPA 7-0-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2779: juveniles; temporary custody; parental notification

Sponsor: Representative Hernandez C, LD 21

Caucus & COW

Overview

Requires a peace officer, who takes a juvenile into temporary custody, to immediately notify the juvenile's parents, guardian or custodian and advise the juvenile of their juvenile Miranda rights.

History

A peace officer who takes a juvenile into temporary custody is required to advise them before questioning of the juveniles Miranda rights in language comprehensible to the juvenile. The officer is required to make a good faith effort to notify the juveniles parents or guardian of the juvenile's custody unless doing so would place them in danger and must inform them of the juvenile's Miranda rights. If the juvenile is a state ward, the officer must notify the Department of Child Safety (A.R.S. § 8-303).

Provisions

1.   Requires a peace officer, who takes a juvenile into temporary custody due to or apprehended in the commission of a criminal or delinquent act, to immediately notify the juvenile's parents, guardian or custodian. (Sec. 1)

2.   Mandates a peace officer to advise the juvenile of their juvenile Miranda rights in comprehensible language after making the custody notification in the previous provision. (Sec. 1)

3.   Makes technical changes. (Sec. 1)

Amendments

Committee on Government

1.   Requires a peace officer to make a good faith effort to notify the juvenile's parents, guardian or custodian after the juvenile is taken into temporary custody.

2.   Requires immediate notification of a juvenile's parents, guardian or custodian if they are taken into temporary custody on school property.

3.   Instructs the Department of Education to establish a training program for specified persons employed by a school district and requires the completion of training within a specified time frame.

4.   Allows charter schools to require specified employees to complete the Department of Education's training program. 

5.   Defines law enforcement officer and school safety officer.

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8.   ---------- DOCUMENT FOOTER ---------

9.                     HB 2779

10.  Initials JH/SR     Page 0 Caucus & COW

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